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(영문) 서울서부지방법원 2016.08.17 2016고합50
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 2015, the Defendant: (a) was the former secretary of G Co., Ltd., a company established a marina set of the title “F” (hereinafter “instant marina”); and (b) was the actual operator of the instant marina; (c) was unable to continuously operate the instant marina due to the lack of initial capital and the shortage of operating funds; (d) made it difficult for the Defendant to enter the processing sales to enter the instant marina into the sales and to continuously operate the said marina, thereby making it difficult to inform the actual sales amount by concealing some of the false sales amount; and (c) was willing to receive more premium and sell the instant marina.

The defendant sought to accept the instant marina by introducing H “The average daily turnover is at least 30 million won.”

Around August 31, 2015, “Around August 31, 2015, the Defendant issued a daily sales report (e.g., daily average sales amount of KRW 32,026,817 between the month of August 1, 2015) to the victim requesting the documentary evidence of this case, and notified the Defendant of the sales amounting to KRW 2,00-30 to KRW 30 million among the sales amount.

However, in fact, the daily report on the above sales delivered by the defendant to the victim was about 3,329,649 won average daily sales.

The prosecutor: (a) delivered the Defendant’s daily average sales revenue of KRW 32,026,817 to the Defendant on August 1, 2015; (b) however, the aforementioned daily sales revenue was false sales revenue of KRW 4,750,000,000 per day average by KRW 1,750,000; and (c) thereby deceiving the victim by failing to inform the Defendant of the existence of the Defendant’s daily average daily average sales revenue of KRW 4,755,00,00.

Prosecution was filed.

However, according to the evidence duly adopted and examined by this court, the defendant was a total of 16 times in the sales amount on August 2015.

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